Salary Negotiation as Disparate Impact
by Sandra Zeigler, Esq. - May, 2013
In presentations I have made around the country, I have occasionally raised the question of whether the practice of permitting negotiation of starting salaries is susceptible to challenge under a disparate impact theory. This article explores that question further. Disparate impact occurs when a practice that is fair in form -- because it applies equally to all employees or applicants -- has a disproportionally negative...
The Affirmative Action Conundrum – How to Communicate AAP Results to Managers When Everyone is Protected
by Debra Milstein Gardner - May, 2013
Is OFCCP, only now under the Obama administration, valuing the full scope of E.O. 11246? We all know that E.O. 11246 prohibits government contractors from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin. But in the past, has OFCCP ever fully evaluated employment decisions impacting all racial groups? The first two definitions of affirmative action below are represe...
The OFCCP Digest Volume 3, Issue 4
by Local JobNetwork™ - Apr, 2013
Volume 3, Issue 4 The OFCCP Digest is a complimentary resource for those who do business with the Federal government. Industry leaders from throughout the country share their expertise on a range of topics including affirmative action, equal employment opportunity, and government compliance. ...
The Fox OFCCP Report
by John Fox, Esq. - Apr, 2013
April 2013 HOW OFCCP COVERS HOSPITALS HERE'S THE RACK-UP AFTER THE UPMC CASE DECISION I was going to write about the provocative way OFCCP currently selects contractors and contractor establishments for audit, but the tenor and volume of calls and e-mail traffic to my desk in the last two weeks from health care clients and industry representatives have persuaded me I need to...
Choosing an Affirmative Action Plan Date
by Chris Lindholm - Apr, 2013
One of the least discussed, yet most contentious areas in Affirmative Action Planning is the determination of the date in which the Affirmative Action Plan (AAP) goes into effect and the determination of the associated employee snapshot date. For years I have spoken with clients, consultants and the OFCCP regarding their perception on choosing an appropriate plan date and it always surprises me how disparate the answers can ...
What Does OFCCP Want?
by Bill Osterndorf - Apr, 2013
Much has been written about the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) in the last few years. OFCCP has a number of significant new initiatives, most notably its recent directive regarding the evaluation of compensation data that federal contractors and subcontractors will be asked to provide during compliance reviews. OFCCP has also gone through a number of changes to the manner ...
Why It Pays to Collect Data Beyond What OFCCP Requires
by Dr. Hossein Borhani - Apr, 2013
Some of the OFCCP’s decisions on whether a contractor has discriminated in its hiring decision making process are driven by the result of the gross calculation of hiring rates, availabilities, and impact ratio analyses that OFCCP conducts during the Desk Audit review period. Below, using a simple example, I show why gross calculations on aggregate data sometimes provide misleading results and conclusions. I will also discus...
by Sandra Zeigler, Esq. - Apr, 2013
The preservation of institutional knowledge can mean the difference between a finding of discrimination and a finding of no violation in an OFCCP audit. Institutional knowledge can tell you how and why a particular situation exists. For example, suppose Jennifer, a widget designer, is among the last hires in a down market 2010. The entire widget designer staff is shortly thereafter subject to a pay freeze and the company inst...
The OFCCP Digest Volume 3, Issue 3
by Local JobNetwork™ - Mar, 2013
Volume 3, Issue 3 The OFCCP Digest is a complimentary resource for those who do business with the Federal government. Industry leaders from throughout the country share their expertise on a range of topics including affirmative action, equal employment opportunity, and government compliance. ...
The Fox OFCCP Report
by John Fox, Esq. - Mar, 2013
March 2013 OFCCP's Great Compensation Discrimination Publicity Stunt of 2013: A Change without a Difference Amid great press fanfare, OFCCP reported February 26, 2013 via News Release and personal phone calls that it had released, effective February 28, 2013, the shackles the agency felt the Bush Administration had placed on the agency in 2006 and which had prevented OFCCP for the la...
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